Thursday, October 10, 2019

The Concept of Tort Law Essay

Tort is considered to be a civil harm to a person or damage to the property which constitutes the breach of duty. Its litigation starts when the plaintiff is willing to get a compensation from the defendant by filing a suit. Apart from personal injury and physical harm, tort law is also applicable in the medical misinterpretation, product malfunctioning, negligent misrepresentation, violation of intellectual property, defamation, or trespassing. The severity of punishment depends on the specific circumstances in which judges can bring their subjective interpretation of the case. All in all, the tort can be intentional or negligent including the causation of events and injury to the victim.
The evolution of torts is identified by common law in which legal procedures and rules are invented by judges during the process of resolving cases. The origin of U.S. tort law has developed from the principles of the British common law system, which was later elaborated by the American judges. Common law in U.S (R. McCurdy and Robinson). The body and concept of tort law are constantly developing so the judges often make amendments based on the specific cases to find a right decision. This constitutes a problem in providing a right definition of what is a tort law as it develops in ad hoc fashion based on specific circumstances. In contrast to tort law, criminal law is strictly regulated according to the judicial system in the necessity to track violations of laws and punish the criminals.